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🗓️ 1 October 2025
⏱️ 50 minutes
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The New Yorker contributing writer Jeannie Suk Gersen joins Tyler Foggatt to discuss the Supreme Court’s new term and the cases that could test the boundaries of executive authority and separation of powers. They talk about challenges to Presidential power under the International Emergency Economic Powers Act, disputes over voting rights and racial gerrymandering, and a First Amendment fight over state bans on conversion therapy. They also consider the Court’s increasing reliance on its emergency docket and what John Roberts’s twenty years as Chief Justice reveals about the conservative legal movement’s influence on the Court.
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| 0:00.0 | Hey, Jeannie. |
| 0:07.5 | Hey, Tyler. |
| 0:08.8 | So this past week marked John Roberts' 20th year as Chief Justice of the Supreme Court. |
| 0:14.4 | If you're John Roberts right now, how are you feeling about what you've done on the job? |
| 0:19.6 | Like, I guess, what would you say that Roberts' legacy is or is starting to look like? |
| 0:25.4 | Well, John Roberts came on the court at a time when it was pretty clear what his role was going to be, and it was pretty straightforward, I would say. |
| 0:35.8 | He is a person who, you know, very classically was |
| 0:39.9 | trained and cultivated and educated at a time and in places where the conservative legal |
| 0:47.0 | movement was gaining traction, and he is a product of the conservative legal movement. |
| 0:53.4 | And the conservative legal movement spent a bunch of years kind of in exile, one could say, |
| 1:00.1 | because you had a very liberal Warren court and then to some extent, |
| 1:04.6 | Berger court after that, that put in place all these decisions that then the conservative legal movement said were |
| 1:12.0 | lawless and had to be gotten rid of if the time came one day that they had enough votes to do that. |
| 1:17.8 | And John Roberts is, of course, part of that, you know, large strategy. And that would also have |
| 1:23.2 | meant getting rid of Roe versus Wade and getting rid of the affirmative action decisions. But he, like a |
| 1:29.9 | conservative, was doing it in a longer time frame. He was doing it slowly. And you see it from the time he got |
| 1:37.0 | on the court. You see the court moving further and further in conservative directions. And then suddenly |
| 1:43.1 | you get the Trump administration |
| 1:45.6 | and all of the different conservative appointees. And now it's like this is now or never. |
| 1:53.4 | And so then you get a really much more quick acceleration of the establishment of certain conservative ideas in the Supreme Court's jurisprudence. |
| 2:05.0 | And I think that that is his legacy. |
| 2:07.0 | It's the overruling of certain of the Warren Court and Berger Court decisions, |
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